[Adopted 7-5-1995 by Ord.
No. 7-5-95-5 (Ch. 75, Art. II, of the 1992 Code)]
As used in this article, the following words or phrases shall
have the meanings ascribed to them in this section:
Any vehicle resting for 96 hours or more and which is inoperable,
without current registration plates, certificate or inspection.
A stove, refrigerator, television, furnace, water heater,
water softener, washer, dryer or mangle, household articles used to
perform any of the necessary work in a household and articles used
in business to increase production or to speed, ease or eliminate
work.
Any vessel capable of transporting a person on any river,
stream, creek, lake or ocean.
Any item resting for 96 hours or more with no known or apparent
owner.
All items normally found and used in a home.
Vehicles sold or to be sold for scrap; being stripped or
being used or sold for parts.
A facility for automobile repair or automobile body repair,
an automobile gas station for motor vehicle repair or a truck repair
shop whose primary purpose is the repair of motor vehicles.
A natural person, the members of an unincorporated association,
all of the partners of a partnership and the officers and board of
directors of a corporation.
A wheeled device used as a means of carrying, hauling or
conveying any vehicle, person, animal, object or boat.
An automobile, motorcycle, minibike, bicycle, go-cart, truck
or other wheeled means of conveyance, motorized or self-propelled.
A.
It shall be unlawful for any person to accumulate or store any junked,
abandoned or discarded vehicle, mobile homes, trailer, boat, appliance
or household furnishing outside on private or public property within
the Borough of South Waverly, Bradford County, Pennsylvania.
B.
It shall be considered a public nuisance as being hazardous to the
health, safety and welfare of the residents if said object is leaking
fluids; has broken glass; has jagged metal, plastic or wooden material
protruding from the object; is the place for the breeding of rodents,
diseased animals, snakes, rats, groundhogs, mosquitoes and foul odors;
is an attractive nuisance for children to be injured on; contains
the storage of combustible fuels; contains the storage of poisonous
liquids; and/or is improperly supported so that if the support collapses
it could result in harm or injury; and if the location of the object
will impede emergency and/or fire and rescue efforts to a property
because of the inability to move the object in the case of an emergency
or fire.
C.
Exemption. A property owner shall be allowed to store one operable
motor vehicle on his property that is unlicensed, meaning without
current registration, plates, certificate and inspection, as long
as said property owner shall comply with all of the applicable motor
vehicle laws of the Commonwealth of Pennsylvania that pertain to the
possession, operation and use of said vehicles.
D.
Exemption. A junk motor vehicle will be allowed to be parked on the
exterior premises of a motor vehicle repair shop until repairs are
effected, but in no case for more than a period of 60 days unless
one or more of the following conditions exist: a pending civil lawsuit,
a pending criminal lawsuit, an insurance investigation or the vehicle
is inoperable because of lack of the availability of replacement parts.
All motor vehicle repair shop owners wishing to apply for the exemption
status as provided for in this article shall register their motor
vehicle repair shop with the Borough Council and provide to the Borough
Council, upon request, evidence indicating that each junk motor vehicle
on their premises qualifies for the exemptions allowed in this article.
E.
Exemption. The property owner applying for said exemption shall give
the Council or its agent permission to view and inspect the vehicle
at the property owner's premises to determine if it is in compliance
with the intent of this article.
[Added 6-2-2010 by Ord.
No. 06-02-10-02[1]]
The contracting police agency is authorized to assist the Code
Officer to enforce the provisions of this article.
[1]
Editor's Note: This ordinance also provided for an effective
time and date of 12:00 midnight on 6-30-2010, further providing that
the South Waverly Borough Police Department be disbanded at that time
contemporaneously with the commencement of police services in South
Waverly Borough by Sayre Borough Police Department pursuant to an
agreement of 3-1-2010.
A.
Any person who violates or permits a violation of this article shall,
upon being found liable therefor, pay a fine of not more than $600,
plus court costs and reasonable attorneys’ fees incurred by
the Borough in the enforcement proceedings. If the penalty is not
paid, the Borough shall initiate a civil action for collection in
accordance with the Pennsylvania Rules of Civil Procedure. Each day
a violation exists shall constitute a separate offense, and each section
of this article that is violated shall also constitute a separate
offense. In addition to or in lieu of enforcement under this section,
the Borough may enforce this article in equity in the Court of Common
Pleas of Bradford County.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
B.
All prosecutions of this article shall be brought in the name of
the Borough of South Waverly before any Magisterial District Judge
and shall be commenced by information and warrant, citation or complaint
and summons and shall be directed to and be served by a constable
or other proper person. Warrants shall be returnable forthwith, and,
upon such return, like proceedings shall be had as in case of summary
convictions.
